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Scandalous and Disparaging or First Amendment Protected Free Speech? To Trademark or Not to Trademark?

There was a new Ruling by the Federal Circuit Court of Appeals that stated that the First Amendment Protects the use of the trademark “Slant” by a music band and it is entitled to register the mark.  This in stark … Continue reading

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Copyright Syndication and Online Content Distribution!

In the past, copyright syndication was generally a method of licensing copyrighted videos, music, television episodes and movies to a variety of broadcasters in return for royalties.  This generally entails licensing content for a return of royalties or percentage of … Continue reading

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New Employment Law Updates to FLSA, ERISA, Retaliatory Discharge and Title VII!

1) Wait time to go through security screenings for workers is not compensable under the FLSA and the Portal to Portal Act, because it is not part of the principal activities the employees were hired to perform. Integrity Staffing Solutions … Continue reading

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Patent Claim Construction still subject to De Novo Review, but occasionally clear error standard may apply to underlying evidentiary findings!

  In Teva Pharmaceuticals v. Sandoz, 135 S.Ct. 831 (2015), the Supreme Court stated that any factual underpinnings that a judge relies upon in interpreting the claims of a patent is subject to a clearly erroneous standard.  Thus, not all aspects of … Continue reading

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Copyright Infringement Lawsuits-Defense of Infringement, Declaratory Judgments, and Recovery of Legal Expenses and Fees!

In defending against the Copyright Infringement Lawsuit, many times the ability of the defendant or plaintiff in a declaratory judgment action plays a significant role in protecting and preventing copyright trolls and frivolous infringement claims.  The enactment of the Digital … Continue reading

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Attorneys’ Fees and Business, Civil and Commercial Litigation: What can be released and what cannot?

In an interesting Ruling from the IL First District Appellate Court, a panel found that it was not possible for the parties to a divorce proceeding to contractually waive the attorneys’ right to legal fees or file a fee petition. … Continue reading

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Managing International Transactions for Corporate Clients!

There are variety of challenges and obstacles to assisting clients in making sure that they are able to transfer distribution channels, facilities, and operations overseas.  Clients need to understand the layout of the land, the local customs and regulations on … Continue reading

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New E-Book for Entrepreneurs: A Guide for Entrepreneurs and Business Owners!

We recommend a new book that has been published relating to a Beginner’s Series of Guides for Entrepreneurs relating to acquisition of angel, capital, funds, seed or VC funding for undertaking new efforts to try out and test out the … Continue reading

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